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2011 Supreme(Raj) 1006

ARUN MISHRA, KAILASH CHANDRA JOSHI
Vijay Mehta – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Petitioner:M. Mridul, Sr. Adv. A/w A. K. Choudhary, Ashok Changani, Advocates.
For the Respondents:R.S. Saluja, K. Mathur, Y.P. Khileree, J.P. Joshi, Sr. Adv., A/w Tarun Joshi, Advocates.

Judgment :

Heard finally with the consent of learned counsel appearing for the parties.

2. CWP No.3031/2007 has been filed by Mr. Vijay Mehta in which prayer has been made to direct the State of Rajasthan to ensure that the doctors prescribe medicines in their generic name and the doctors who fail to do so be appropriately dealt with by the Indian Medical Council and Rajasthan Medical Council. The Council be directed to take stern action against those doctors who act contrary to the provisions of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002. Other prayers made in the writ application have not been pressed as such they are not being referred.

3. The petitioner is District President of All India Trade Union Congress. The writ application has been filed considering high rocketing unreasonable price of medicines. The medicines are becoming beyond the reach of the people living below the poverty line. The medicines are not available at reasonable cost. The medicines are not being prescribed by their generic name but by their brand names whereas the doctors cannot do so. They are bound by the Regulations framed by the Medical Council of India t










































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